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2016-07-12 Regular Session Minutes
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2016-07-12 Regular Session Minutes
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will take effect and we will then be...have the authority to issue a <br /> fine. <br /> Mr. Goodenow: I agree with that interpretation. I don't know if you'd care to give <br /> a legal interpretation as to whether once we have the informal <br /> advisory opinion and let's say we do want...if the Mayor accepts <br /> it...do we ever move to a formal hearing. <br /> Mr. Adams: I don't have to give you legal interpretation. I can just read from <br /> the rules. <br /> Mr. Goodenow: Yes. <br /> Mr. Adams: 6.1(b)...If the person charged fails to comply with such informal <br /> advisory opinion within a reasonable time without requesting a <br /> formal opinion or if a majority of the Board to which the Board is <br /> entitled meaning currently three...is entitled determine that there <br /> exists probable cause for belief that a violation of the Code of <br /> Ethics might have occurred, it may institute proceedings for a <br /> formal opinion upon formal hearings. But you have to go thru the <br /> process of the informal first. <br /> Ms. Kahakalau: Okay so...we're discussing whether this Petition No. 2015-03 is <br /> going to be continued. <br /> Mr. Goodenow: I got lost in that discussion. My main point is I think...our <br /> position all along was to defer pending the disposition of the <br /> Attorney General's investigation. Now at some point we debated <br /> what does the term disposition mean. Does that mean now that <br /> they've charged...it's been...that part is over...that's disposition <br /> or do we have to have a verdict sentencing? Is that disposition? I <br /> took the approach that that was what disposition meant. Mr. <br /> Adams has some other concerns that put this back into play, but <br /> the bottom line...it's always been our position to have the hearing. <br /> I'm in full support of having a hearing. If we find out at the <br /> October meeting the trial...we set it for November I move we set <br /> for November. If it doesn't happen we go forward anyway. <br /> There's still time, but the fundamental constitutional right to a you <br /> know a fair and impartial trial by a jury of one peers. We should <br /> honor that no matter who it is and it makes no difference <br /> practically speaking if we do it November or now. So let's do it in <br /> November. Thank you. <br /> Ms. Kahakalau: Thank you. <br /> 37 <br />
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